PART 8 CREDITORS' CLAIMS
| Jurisdiction | Colorado |
Law reviews: For article, "Creditors' Claims", see 13 Colo. Law. 1399 (1984); for article, "The Colorado Non-Claim Statute", see 21 Colo. Law. 45 (1992); for article, "Claims Against Decedents' Estates", see 27 Colo. Law. 45 (May 1998); for article, "Probate Jurisdiction for Creditors' Claims", see 29 Colo. Law. 57 (May 2000); for article, "Pre-Death Creditors' Claims Under the Colorado Probate Code: Part I", see 30 Colo. Law. 81 (Aug. 2001); for article, "Pre-Death Creditors' Claims Under the Colorado Probate Code: Part II", see 30 Colo. Law. 77 (Sept. 2001); for article, "New Developments in Creditor Claims Provisions of the Colorado Probate Code", see 35 Colo. Law. 67 (Dec. 2006); for article, "JDF 999 Collection of Personal Property by Affidavit Pursuant to CRS §§ 15-12-1201 and -1202", see 42 Colo. Law. 49 (June 2013).
■ 15-12-801. Notice to creditors. (1) Unless one year or more has elapsed since the death of the decedent, a personal representative shall cause a notice to creditors to be published in some daily or weekly newspaper published in the county in which the estate is being administered, or if there is no such newspaper, then in some newspaper of general circulation in an adjoining county. Such notice shall be published not less than three times, at least once during each of three successive calendar weeks. The notice shall be substantially as follows:
Estate of ........................................(Deceased)
No. ...............................
All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of ..........County, Colorado (or Probate Court of the City and County of Denver, Colorado), on or before (a date not earlier than four months from date of first publication or the date one year from date of death, whichever occurs first), .................................................................................. 20 ......, or said claims may be forever barred.
.....................................
Personal Representative
(2) A personal representative may give written notice by mail or other delivery to any creditor. Written notice shall be the notice described in subsection (1) of this section or a similar notice. Such written notice shall notify the creditor to present his claim within the later of the following time periods or be forever barred:
(a) Within the time set in the notice to creditors by publication in compliance with subsection (1) of this section; or
(b) Within sixty days from the mailing or other delivery of such notice, but not later than the date one year from date of death.
(3) A personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-801. L. 75: Entire section R&RE, p. 597, § 32, effective July 1. L. 79: Entire section amended, p. 649, § 9, effective July 1. L. 90: Entire section amended, p. 904, § 1, effective July 1.
Law reviews. For article, "How Many Times", see 19 Dicta 231 (1942). For article, "Again -- How Many Times?", see 21 Dicta 62 (1944). For article, "Decedents' Creditors and Nonprobate Assets," see 15 Colo. Law. 2190 (1986).
Failure to file claim within four months bars claim. The failure of a creditor to file a claim on its judgment within the four months required by this section bars it from asserting any claim based on the judgment. Park State Bank v. McLean, 660 P.2d 13 (Colo. App. 1982).
A known or reasonably ascertainable creditor must present claims by the published deadline if the creditor has actual knowledge of the deadline. In re Estate of Sheridan, 117 P.3d 39 (Colo. App. 2004).
Ex-wife's right to enforce a judicial lien through foreclosure is not affected by this section where, as a secured creditor, she could proceed against the property without filing a claim against the estate. Wright v. Estate of Valley, 827 P.2d 579 (Colo. App. 1992).
Wife's creditor's claim barred because she failed to timely file notice of appeal for that specific claim. Although wife filed two claims on the same day addressing different elements of a singular probate case, each claim was a distinctive claim, and neither overlapped nor involved the same subject matter. Because wife's creditor's claim was governed by a proceeding independent of the petition for spouse's elective share, the probate court's order barring wife's creditor's claim was a final order, and wife failed to timely appeal. In re Estate of Gadash, 2017 COA 54, 413 P.3d 272.
Applied in In re Estate of Daigle, 634 P.2d 71 (Colo. 1981); Barnhill v. Pub. Serv. Co., 649 P.2d 716 (Colo. App. 1982), aff'd, 690 P.2d 1248 (Colo. 1984).
■ 15-12-802. Statutes of limitations. (1) Unless an estate is insolvent, or would thereby be rendered insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.
(2) The running of any statute of limitations measured from some event other than death or the giving of notice to creditors for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the provisions of this part 8.
(3) For purposes of any statute of limitations other than those time periods specified in sections 15-12-801, 15-12-803, 15-12-804, and 15-12-806, the proper presentation of a claim under section 15-12-804 is equivalent to commencement of a proceeding on the claim.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-802. L. 75: Entire section amended, p. 598, § 33, effective July 1. L. 90: Entire section amended, p. 905, § 2, effective July 1.
Law reviews. For article, "Practical Administrative Problems in Average-Sized Estates", see 27 Dicta 285 (1950).
Annotator's note. Since § 15-12-802 is similar to repealed laws antecedent to CSA, C. 176, § 200, relevant cases construing those provisions have been included in the annotations to this section.
Where a claim was filed and later withdrawn, it was held that the claim was barred by the statute of limitations as not having been filed within four months after the cause of action accrued. The filing and withdrawal of the claim did not constitute the commencement of an action to prevent the statute of limitations from running. Morse v. Clark, 10 Colo. 216, 14 P. 327 (1887).
The filing and docketing of a claim stops running of statute. Gordon-Tiger Mining & Reduction Co. v. Loomer, 50 Colo. 409, 115 P. 717 (1911).
Claim may consist of new judgment based on an original judgment. Scholtz v. Hazard, 68 Colo. 343, 191 P. 123 (1920).
"Creditor" refers to any person with a legally cognizable claim for money from an estate. Estate of Walter v. Corr. Healthcare Cos., 232 F. Supp. 3d 1157 (D. Colo. 2017).
■ 15-12-803. Limitations on presentation of claims. (1)(a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the state of Colorado and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statutes of limitations, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:
(I) As to creditors barred by publication, within the time set in the published notice to creditors;
(II) As to creditors barred by written notice, within the time set in the written notice;
(III) As to all creditors, within one year after the decedent's death.
(b) In addition to the limitations on presentation of claims in paragraph (a) of this subsection (1), claims barred by the nonclaim statute at the decedent's domicile are also barred in this state.
(2) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows:
(a) A claim based on a contract with the personal representative, within four months after performance by the personal representative is due;
(b) Any other claim, within four months after it arises.
(3) Nothing in this section affects or prevents:
(a) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;
(b) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or
(c) Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.
(4) This section is a nonclaim statute that cannot be waived or tolled, and it shall not be considered a statute of limitations.
(5) Unless section 15-10-106 is determined to apply, and subject to the provisions of subsection (3) of this section, claims that are not presented in accordance with subsections (1) and (2) of this section are barred even if addressing the merits of the claim would not delay the settlement and distribution of the estate.
Source: L. 73: R&RE, p. 1592, § 1. C.R.S. 1963: § 153-3-803. L. 75: (3)(c) added, p. 598, § 34, effective July 1. L. 79: (1)(a)...
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